such fund solvency requirements in respect of each insurance fund established by the insurer under this Act; and

(b)

such capital adequacy requirements,

as may be prescribed or specified in directions for the purposes of this section.

[23/2003 wef 23/08/2004]

[Act 11 of 2013 wef 18/04/2013]

(2) The Authority may prescribe or specify in directions —

(a)

different fund solvency requirements or capital adequacy requirements under subsection (1) for different classes of insurance business and for different types of insurers; and

(b)

in respect of any type of insurers, any exception from the requirements of subsection (1).

[11/86]

[Act 11 of 2013 wef 18/04/2013]

[23/2003 wef 23/08/2004]

(3) Without prejudice to the generality of section 64, regulations made under this Act, or directions made under subsection (1) or (2), may —

(a)

provide for the determination of the value of assets and the amount of liabilities;

[Act 11 of 2013 wef 18/04/2013]

(b)

provide that, for any specified purpose, assets or liabilities of any specified class or description shall be left out of account or shall be taken into account only to a specified extent; and

(c)

make different provision in relation to different cases or circumstances.

[11/86]

(4) The Authority may by notice in writing, if it considers it appropriate in the particular circumstances of a licensed insurer having regard to the risks arising from the activities of the insurer and such other factors as the Authority considers relevant, direct that the insurer satisfy fund solvency requirements or capital adequacy requirements other than those that the insurer is required to maintain under this section.

[23/2003 wef 23/08/2004]

[Act 11 of 2013 wef 18/04/2013]

(5) Without prejudice to the generality of section 41, the failure of a licensed insurer to comply with subsection (1) or any direction of the Authority under subsection (4) shall be sufficient cause for the Authority to be satisfied that the affairs of the insurer are being conducted in a manner likely to be detrimental to the public interest or the interests of the policy owners and to issue such directions under section 41(1) as the Authority may consider necessary.

[23/2003 wef 23/08/2004]

[Act 11 of 2013 wef 18/04/2013]

(6) Any licensed insurer which contravenes subsection (1) or fails to comply with a direction of the Authority under subsection (4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $250,000 and, in the case of a continuing offence, to a further fine not exceeding $25,000 for every day or part thereof during which the offence continues after conviction.